Service Level Agreement (SLA)
General Service Level Support Terms
This Service Level Agreement (SLA) outlines the service expectations and commitments provided by Abmatic AI to the Customer. This SLA is subject to the terms and conditions of the Master Services Agreement (MSA) and any applicable Order Form.
1. Up-Time and Reliability
Service Provider will use reasonable commercial efforts with the intent that Services will be available and operational to Customer for 99% of all Scheduled Availability Time. “Scheduled Availability Time” shall be defined as twenty-four (24) hours a day, seven (7) days a week, excluding: (i) scheduled maintenance downtime; (ii) maintenance downtime for specific critical Service issues; and (iii) any downtime due to defects caused by Customer, one of its vendors, third party connections, utilities, or caused by other forces beyond the control of Service Provider (such as internet outages or outages with respect to Customer’s network or internet access). Service Provider shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption. In the event of any unexcused downtime, Service Provider will credit the prorated amount to the Customer’s next monthly invoice.
2. Maintenance
Service Provider will make available to Customer as part of the Services, all generally available enhancements, updates and bug fixes to the Services.
3. Customer Responsibility
In addition to other responsibilities contained herein, Customer will be responsible for ongoing maintenance, management and accuracy of the vendor profile data. Additionally, Customer will be responsible for communicating and managing the vendor registration, vendor training and change management process.
4. Support
Service Provider is available to receive product support inquiries via email or the Service Provider website 24 hours per day. Service Provider Standard Support Hours are 06:30 to 15:30 Pacific Time Monday through Friday for technical information, technical advice and technical consultation regarding Customer’s use of the Services.
5. Customer Support List
Customer shall provide to Service Provider, and keep current, a list of designated contacts and contact information (the “Support List”) for Service Provider to contact for support services. Such Support List shall include (i) the first person to contact for the answer or assistance desired, and (ii) the persons in successively more responsible or qualified positions to provide the answer or assistance desired.
6. Classification of Problems
Service Provider shall classify each problem encountered by Customer according to the following definitions and will use reasonable commercial efforts to address the problem in accordance with such classification according to the table below.
7. SEVERITY LEVELS AND RESPONSE TIMES
|
Priority Code |
Priority description |
Action required |
Expected response times |
Guaranteed Response Times |
|
P1 |
Mission Critical. Data collection services and data reporting services are down, causing critical impact to business operations; no workaround available. |
Escalation in accordance with provisions in “Escalation procedures” section below. |
Abmatic AI will provide a status update by telephone and/or e-mail within one (1) business hour within the initial occurrence of the P1 issue. Abmatic AI ’s goal for resolution of P1 issues is within one (1) calendar day of Customer’s receipt of issue notification. |
Abmatic AI will provide a status update by telephone and/or e-mail within four (4) business hours within the initial occurrence of the P1 issue. |
|
P2 |
High. Data collection services and data reporting services are significantly degraded and/or impacting significant aspects of business operations. |
Escalation in accordance with provisions in “Escalation procedures” section below. |
Abmatic AI will provide a status update by telephone, e-mail, or via automated notification within the reporting interface of the Measurement Services as mutually agreed upon by the Parties, as warranted until (i) the problem is resolved, (ii) an acceptable workaround is found or (iii) the problem is determined to be outside of Abmatic AI ability to control. |
Abmatic AI will provide a status update by eight (8) business hours within the initial occurrence of the P2 issue. |
|
Priority code |
Contact type |
Name of Abmatic AI Contact / Role |
Contact Email address |
Time delay before Escalation to next level |
|
P1 |
Primary |
Key Tech Staffer/ First Available |
emergency@abmatic.ai |
2 hours |
|
Secondary |
Dedicated Account Manager |
support@abmatic.ai |
4 hours |
|
|
P2 |
Primary |
All Staff / First Available |
emergency@abmatic.ai |
8 hours |
|
Secondary |
Dedicated Account Manager |
support@abmatic.ai |
12 hours |
8. Reporting and Escalation
Quarterly Performance Reports: Provided upon request.
Escalation Procedures: Established for unresolved issues.
9. Force Majeure
Definition: Neither party shall be liable for any failure or delay in performance under this Agreement (other than payment obligations) due to circumstances beyond its reasonable control, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (excluding those involving such party’s employees), Internet service provider failures or delays, or the unavailability or modification by third parties of third-party products.Notification: The party affected by such circumstances shall promptly notify the other party in writing of the circumstances and shall use all reasonable efforts to resume performance as soon as practicable.
10. Governing Law and Dispute Resolution
Governing Law: This SLA shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.Dispute Resolution: Any disputes arising out of or in connection with this SLA shall be resolved as specified in the Master Services Agreement.